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Raghavendra (1)     27 December 2016

Appeal

Dear Experts

Greetings! Need your advice on my case here. Last April month i got Divorce (Under Cruelty) from District court. 

After getting prior advice from my advocate, i did my second marriage on Last novemebr 27th 2016 ( that is after 7 month time of my divorce order) and the second marriage is not yet registered. Now Dec 14th i received a private notice from her advocate stating that "Appeal is coming on so and so date have to appear on the date into High court", also after 3 days of the served private notice,  i received notice from High court. 

In this suituation, can i register my second marriage? Now, my second mariage happened before the appeal notice served. But rgoing to register after the notice serve, will it create a problem for me?

Will it be any issue on my second marriage? Experts please help me on this. Thanks in advance. 

 



Learning

 8 Replies

whatnot   27 December 2016

She is after money. Your lawyer has been able to get decree on divorce, DV in your favour (what does it mean) and No maintainance. But 498a is still running.

 

High court usually looks at case if certain evidences was not taken into account or there was breach of law . Your case was contested and due process was followed.

Have a sitting with your lawyer and see what basis they have applied.

If you register marriage now, court will offer one time alimony to her (validating divorce)

Take a short term job abroad. Let the dust settle.

 

If your lawyer is hesitant, it may be due to lack of experience in high court. Ask him to suggest someone. You should be able to come out of it.

 

 

Sachin (N.A)     27 December 2016

You will not face any problem because of your second marriage.


(Guest)
Originally posted by : Raghavendra
Dear Experts

Greetings! Need your advice on my case here. Last April month i got Divorce (Under Cruelty) from District court. 

After getting prior advice from my advocate, i did my second marriage on Last novemebr 27th 2016 ( that is after 7 month time of my divorce order) and the second marriage is not yet registered. Now Dec 14th i received a private notice from her advocate stating that "Appeal is coming on so and so date have to appear on the date into High court", also after 3 days of the served private notice,  i received notice from High court. 

In this suituation, can i register my second marriage? Now, my second mariage happened before the appeal notice served. But rgoing to register after the notice serve, will it create a problem for me?

Will it be any issue on my second marriage? Experts please help me on this. Thanks in advance. 

 

Hire seasoned advocate who deals with matrimonial issues. Only he can help you now.  You should have waited for 1 year atleast to get remarried.  HC always allows appeal petitoin delay in filing as these matters are domestic in nature.  Your bad luck.  Now you cant get rid of wife 2, and cant shrug off wife no 1 from your shoulders until unless your advocate convinces the HC to dismiss wife no. 1s appeal.

Sachin (N.A)     27 December 2016

FAMILY COURT  ACT

CHAPTER V - APPEALS AND REVISIONS 

19. Appeal

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.

 

So, No need to worry.

Hope it helps 

1 Like

Sachin (N.A)     27 December 2016

There are some High courts like HC of Bombay which says that appeal can be filed within 90 days but that is applicable in maharashtra only

As you have waited for 7 months, you need not to worry.

1 Like

Raghavendra (1)     29 December 2016

Thank you so much sir. The order recieved under u/s 13(1)(i-a).

Sachin (N.A)     29 December 2016

I still stick to my previous advice.

aarjun vhajage (Lawyer)     03 January 2017

I AM AGREE WITH MR SACHIN


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